Latest update June 22nd, 2026 7:44 AM
Feb 02, 2020 News
ImmigrationINFO
Immigration News For Our Community
By Attorney Gail Seeram
On January 27, 2020, in a 5-4 decision, the Supreme Court allowed the Trump administration to implement new rules designed to deny U.S. residency (or green cards) and admission to immigrants seen as a risk of becoming “public charges.” Many have criticized the new public charge rule as a “wealth test” to keep out non-white immigrants.
Under current immigration policies, public charge refers to individuals who are primarily dependent on the government for subsistence, like people who rely on cash assistance programs, or require long-term care at the government’s expense.
A person can be denied admission or a green card if they are ‘likely to become a public charge’ which means one who is likely to receive designated public benefits at any time in the future.
SEVEN-FACTOR TOTALITY OF CIRCUMSTANCES TEST: The final rule sets forth seven factors an officer can consider in deciding the ultimate legal issue of whether the applicant is more likely than not to receive public benefits. The seven-factor totality of circumstances test involves consideration of factors such as the applicant’s age, health, family status, assets, resources, financial status, education, and skills of the intending immigrant.
WHO DOES PUBLIC CHARGE AFFECT? It only applies to people applying for Permanent Residence through a U.S. citizen or permanent resident relative or for a visa to enter the United States.
ADJUSTMENT OF STATUS IN U.S. & OVERCOMING PUBLIC CHARGE: Prior to the new rule, the focus of public charge determination has been the Affidavit of Support, Form I-864, filed by one or more sponsors. Now, the focus shifts from the sponsor and onto the intending immigrant.
Adjustment of status applicants are now required to file a new Form I-944, Declaration of Self-Sufficiency. Applicants who are determined to be inadmissible under the new public charge rule
will now be able to overcome that inadmissibility by posting a bond – but only if DHS invites them to do so.
EMBASSY INTERVIEWS & OVERCOMING PUBLIC CHARGE: All immigrant visa (green card) applicants appearing for their interview at the U.S. Embassy need to be aware that more documentary evidence (besides a Form I-864 affidavit of support) will be required to prevent a denial based on public charge at embassy interview. Applicants are advised to work with their lawyer to gather additional evidence to meet the seven-factor totality of circumstances test reference above.
WHO DOES PUBLIC CHARGE NOT AFFECT? Refugees and asylees, people with a U Visa, T Visa, Violence Against Women Act, or Special Immigrant Juvenile Status, DACA and TPS applicants, U.S. Citizens and permanent residents (or green card holders).
DOES PUBLIC CHARGE AFFECT A GREEN CARD HOLDER? No. Generally, people who already have a green card are not affected by public charge. There is no public charge test to renew a green card. Green card holders cannot be deported simply for using public benefits unless a fraud was committed in obtaining the public benefit.
I WANT TO APPLY TO BECOME A U.S. CITIZEN, WILL IT HURT MY CASE IF I USE BENEFITS? No! There is no public charge test for naturalization, the process to become a U.S. citizen.
WHAT IF MY CHILDREN OR OTHER FAMILY MEMBERS RECEIVE PUBLIC BENEFITS?
The rule only considers benefits received by the person applying for permanent residence or the visa. Family members receiving benefits, like U.S. citizen children, will not count against you.
EXEMPTION FOR THOSE WHO RECEIVE PUBLIC BENEFITS: The following categories of benefits received by a foreign national in the U.S. will not be deemed using “public benefits”
● Emergency Medicaid;
● Services provided under the Individuals with Disabilities Education Act;
● School-based services;
● Benefits received by individuals under age 21; and
● Benefits received by pregnant women
(The views expressed in this article are those of the author and do not necessarily reflect the opinions of this newspaper)
Attorney Gail Seeram, LL.M., J.D., BBA
call | text 407-292-7730
whatsApp 407-353-1363
email: Gail@GailLaw.com
live chat: www.GailLaw.com
Download FREE App: Gail Law
Copyright © Law Offices of Gail S. Seeram, 2020. All Rights Reserved
Subscribe to get the latest posts sent to your email.
Your children are starving, and you giving away their food to an already fat pussycat.
Jun 22, 2026
Kaieteur Sports – The weather was not the only scorching thing this weekend as Jumbo Jet Events staged the first round of its Need for Speed Karting Championship at the 555 Speedway in...Jun 22, 2026
(Kaieteur News) – A curious silence has greeted what ought to be one of the most debated economic announcements of the year. President Irfaan Ali has indicated that bonds will be issued to members of the Guyanese diaspora, allowing them to invest in major infrastructure projects in Guyana. One...Jun 21, 2026
By Sir Ronald Sanders (Kaieteur News) – I have spent a decade in the councils of the Organization of American States. I have watched governments come and go, seen some crises handled well and others handled badly, sat through more commemorative meetings than sessions discussing pressing issues,...Jun 22, 2026
(Kaieteur News) – I like it. More money for Guyanese workers. Not private sector minimum wage workers, regrettably. If any local workers are due more money, private sector (and public service) minimum wage workers standout. More money is for Guyanese in the oil industry. Well, that’s...Freedom of speech is our core value at Kaieteur News. If the letter/e-mail you sent was not published, and you believe that its contents were not libellous, let us know, please contact us by phone or email.
Feel free to send us your comments and/or criticisms.
Contact: 624-6456; 225-8452; 225-8458; 225-8463; 225-8465; 225-8473 or 225-8491.
Or by Email: glennlall2000@gmail.com / kaieteurnews@yahoo.com